TagACC(1521)

1. I am an Engineer III (Senior Engineer) employed by the King County Department of Natural Resources and Parks. I have held that position since June 1, 1994. My duties include the development and maintenance of an HSPF based continuous hydrologic computer model, development and implementation of stormwater regulations, basin plan implementation, development of subbasin compliance program, preparation of engineering studies of complex drainage problems, training and technical support on hydrologic/hydraulic modeling and mitigations for review engineers, designers, hydrologists, and regulators from other jurisdictions (e.g., Ecology, local cities), and lead technical staff for development of the 1998 King County Surface Water Design Manual (Manual). I also provided technical support for Ecology's 2001 stormwater manual update. I have 11 years of experience in stormwater management including the review of stormwater management plans for compliance with the Manual. My educational background is a Bachelor of Science in Civil Engineering, University of Washington, 1990. I am a licensed professional civil engineer in Washington State with expertise in hydrology and surface water management. My resume is attached hereto as Attachment A. II. My Review 2. Pursuant to a contract between the Department of Ecology and King County, I reviewed the Port of Seattle's (Port) Comprehensive Stormwater Management Plan (SMP) for Master Plan Update Improvements at SeaTac International Airport (STIA) on behalf of Ecology. I also reviewed the Port's Low Flow Impact Analysis-Low Flow Impact Offset Facility proposal on behalf of Ecology (Low Flow Plan). These two plans are related because the hydrologic computer models…

Program Manager for the Shorelands and Environmental Assistance (SEA) program. I have held that position since 1997. A copy of my resume is attached to my testimony as Attachment A. 2. The SEA program is responsible for implementing the state's role under the Shoreline Management Act, the Coastal Zone Management Act, the State Environmental Policy Act, Flood Plain Management, issuance of Clean Water Act § 401 Water Quality Certifications, and the Watershed Planning Act. In addition the program is responsible for the state's role in the management of wetlands, and administers the Washington Conservation Corps, the Padilla Bay National Estuarine Research Reserve, the Permit Assistance Center, and Department of Transportation Project Coordination. 3. Ecology is comprised of a Headquarters staff located in Lacey, Washington, four regional offices (Northwest-Bellevue, Southwest-Lacey, Central-Yakima and Eastern- Spokane) and several field offices. The majority of the individuals employed at Ecology's Headquarters are involved in policy development. Staff in the regional offices and field offices focus on carrying out Ecology's regulatory responsibilities. The SEA program has staff at Headquarters and all of the regional offices. In addition we have one SEA Program staff located in the Bellingham Field Office, one in a multi-agency field office in Walla Walla, and one in a multi-agency field office in Twisp. 4. As Program Manager, it is my responsibility to oversee the section supervisors who directly manage program staff. The Director of the Department of Ecology has authorized me to exercise my delegated authority pursuant to the following statutes: State…

1. I am an Environmental Engineer 4 in the Toxics Cleanup Program of the Northwest Regional Office of the Department of Ecology in Bellevue, Washington. I am the Unit Supervisor of the Uplands Unit at the Northwest Regional Office. I supervise a staff of hydrogeologist and environmental engineers responsible for implementation of the Model Toxics Act (WAC 173-340). My resume is provided in Attachment A. 2. I have been working in the profession of environmental investigation and cleanup since 1983. My specialty is in the field of hydrogeology. I have practiced hydrogeology primarily in application to contaminated soils and groundwater. I have completed and participated in numerous projects involving contamination of soil and water. 3. In the spring of 2001, I assumed responsibility for the SeaTac groundwater modeling project. I directed the development of the pathways analysis which examined the flow of groundwater and subsurface contaminants from beneath the airport operations and maintenance area (SeaTac AOMA). I am currently involved in the development of the groundwater flow model for the area beneath the airport. 4. The pathways analysis was a component of Ecology's Clean Water Act § 401 Certification (401 Certification) for the Port of Seattle's Master Plan Improvement Updates project. The work to be performed for the pathways analysis was specified in Ecology's Agreed Order #97TC-N122 (see State of Washington Department of Ecology Agreed Order #97TC-N122, In the Matter of Sea-Tac International Airport, p. 6, section IV, lb). 5. The pathways analysis work evaluated four potential pathways: a. The…

1. I am a senior principal wetland scientist and manager of the natural resources group at Shannon & Wilson, Inc. I have been employed at Shannon & Wilson, Inc. since October 1994. A copy of my resume is attached as Attachment A. In January 2001 Shannon & Wilson, Inc. contracted with the Department of Ecology (Ecology) to provide natural resources and mitigation plan review services associated with the Port of Seattle's (Port) proposed Third Runway and related Master Plan Update improvement projects. I am the Shannon & Wilson project manager for that contract and have completed review of the Port's Natural Resources Mitigation Plan (NRMP) and supporting documentation. I assisted Ecology staff in developing related permit conditions for the 401 Certification. II. Port's NRMP 2. The NILMP provides for a 2:1 ratio (two acres of mitigation for every one acre of impact) of wetland mitigation credits and a no net loss of wetland functions) The mitigation sites are designed to replace the suite of wetland functions impacted by the project. Although a subset of the wildlife habitat function (waterfowl habitat) will not be an in-basin target in this mitigation plan because of bird strike hazards, the NRMP shows that there will be an overall net gain in functions and values in this watershed. 3. Specifically, the in-basin mitigation proposes to: • Restore and enhances riparian wetlands in Miller, Walker, and Des Moines Creeks;21 • Restore and enhances salmon habitat; • Enhance stream buffers; • Eliminate existing land uses that are…

v. ) MOTION TO THE BOARD FOR ) CORRECTION, CLARIFICATION, STATE OF WASHINGTON, ) AND/OR PARTIAL RECONSIDERATION DEPARTMENT OF ECOLOGY; and ) OF ORDER PUBLISHING CERTAIN THE PORT OF SEATTLE, ) PORTIONS OF DEPOSITIONS OF ) ECOLOGY MANAGERS AND CR 30(b)(6) Respondents. ) DESIGNATED WITNESSES I. INTRODUCTION In general, the Port of Seattle picks and chooses among the corrections, clarifications and reconsiderations proposed by ACC, accepting that the Board can effect some, while objecting on spurious grounds to others. The Board should review each of the items listed by ACC on its merits, rather than following the Port's argumentative detour route. 1. The Motion Is Timely21 The Port acknowledges that the Board's rules on reconsideration govern only final orders,22 and that the depositions Order here is not a final order concluding a case. It then argues that the Board should follow CR 59, which, once again, governs requests for a new trial, reconsideration, and amendment of final judgments. CR 59(a). None of these rules apply to procedural orders AN 000923 HELSELL ACC'S REPLY ON MOTION FOR PARTIAL F E T T E R M A N RECONSIDERATION OF ORDER ORIGINAL. ALimitedLiabilityP ......... hi[,,PUBLISHING DEPOSITIONS - 1 1500 PU6ET SOUNDPLAZA P.O.BOX21846 SEATTLE,WA 98111-3846 PH: (206)292-1144 entered in the course of proceedings. Further, there is good reason not to apply them here. The problems and contradictions inherent in the April 22 Order did not become apparent until the parties went through the process of reviewing the entire record for preparation of proposed…

On April 22, 2002, the Board entered an Order Publishing Certain Portions of Depositions of Department of Ecology Managers and CR 30(b)(6) Designated Witnesses. Attached to that Order was a copy of each of the depositions clearly showing those portions that were not admitted. The Order clearly stated that should a discrepancy exist between the lists contained in the Order and the attached copy of the marked depositions, the attached marked depositions prevail. On May 22, 2002, Appellant ACC filed a motion for correction, clarification, and/or partial reconsideration of the earlier Order publishing certain depositions. Kaleen Cottingham presided for the Board on this procedural matter. After reviewing the motion, responses and reply submitted by the parties, the Board enters the following order: PCHB 01-160 1 ORDER CORRECTING PUBLICATION OF DEPOSITIONS AR 000920 The Board is not willing to reconsider the portions of the earlier order where certain portions of the depositions were excluded on relevancy, or in some cases, vagueness reasons. The Pollution Control Hearings Board hears appeals in a de novo capacity and materials related

YOU ARE HEREBY NOTIFIED of a change of address for attorneys for Respondent the Port of Seattle in the above-entitled action. Effective immediately, the mailing address for the Seattle office of BROWN REAVIS & MANNING PLLC is changed to: 1201 Third Avenue, Suite 320, Seattle, Washington 98101. The mailing address for the Olympia office A,R 000917 NOTICE OF CHANGE OF ADDRESS BROWN REAVIS & MANNING PLLC 1201 THIRDAVE., SUITE320 PAGE 1 SEATTLE,WA 98101 ('206) 292-6300 will remain the same: 421 South Capitol Way, Suite 303, Olympia, Washington 98501. Phone and fax numbers for both offices will remain the same.2 DATED this 10th day of June, 2002. BROWN REAVIS & MANNING PLLC By: Gillis E _eavi_,'_SBA #21451 1201 Third Avenue, Suite 320 Seattle, Washington 98101 (206) 292-6300 AR 000918 NOTICE OF CHANGE OF ADDRESS BROWN REAVIS & MANNING PLLC 1201 THIRDAW., SUITE320 PAGE 2 SEATTLE,WA 98101 (206) 292-6300 CERTIFICATE OF SERVICE hereby certify that I have on this 12th day of June, 2002, served a copy of the foregoing Notice of Change of Address on the following persons, via facsimile and U.S. Mail: HELSELL FETTERMAN LLP Rachael Paschal Osborn Peter J. Eglick, WSBA #8809 WSBA #21618 Kevin L. Stock, WSBA #14541 Attorney at Law 1500 Puget Sound Plaza 2421 West Mission Ave. 1325 Fourth Avenue Spokane, WA 99201 Seattle, WA 981011-2509 Fax: (509) 328-8144 Fax: (206) 340-090210 Richard A. Poulin, WSBA #27782 Joan M. Marchioro SMITH & LOWNEY Thomas J. Young 2317 E. John Street JeffB. Kray Seattle, WA 98112 Assistant…

OF ECOLOGY, and THE PORT OF SEATTLE, Respondents. ACC requests that the Board consider the following cites of recent decisions of the Washington State Supreme Court as supplemental authority in this matter relating to the following issues in this case: 1 AR 000913 lIssue numbers conform to the "Airport Opinion Structure" issued by the Board on April 8, 2002. ACC'S NOTICE OF HELSELL FETTERMAN LLP Rachael Paschal Osborn SUPPLEMENTAL AUTHORITY -- 1 1500 Puget Sound Plaza Attorney at Law 0RIGINAI-1325Fourth Avenue 2421 West Mission Ave.Seattle, WA 98101-2509 Spokane, WA 99201 Public Utility District No. 1 ofPend Oreille County v. Washington Department of Ecology, Wn.2d, __ P.3d ,2002 Wash. Lexis 473 (Docket No. 70372-8, slip op. July 18, 2002). General applicability to all issues presented to the Board, including but not limited to Issues VI.E. 1.e, g, h, i, j; Issue IV.E.3; Issue IV.E.4.a; Issue IV.E.5.b; Issue IV.E.7; Issue IV.E.8 (describing state authority and obligations under Section 401 certification authority; state is7 required to enforce state water quality standards; state must consider and apply all appropriate requirements of state law; state must set effluent limits in 401 certifications). Hubbard v. County of Spokane, __ Wn.2d , __ P.3d ,2002 Wash. Lexis 470 (Docket No. 70975-1, slip op. July 18, 2002). General applicability to all issues presented to the Board (government officials are held to a high standard and must conduct business in a manner that advances the public interest; officials are prohibited from granting special privileges or exemptions to others) DATED…

office of the Water Quality Program. I have been employed by Ecology for 22 years. My title is Environmental Engineer 4. I have been assigned to stormwater issues for eleven years. For the past three years, my primary responsibility has been to help develop a stormwater management manual for Western Washington. In past years, I have also participated in the development and implementation of NPDES permits for stormwater discharges from municipal storm sewers, from construction activities, and from industrial sites. My role in developing Ecology's most recent stormwater management manual was as the lead staff person for Volume 1 - "Minimum Technical Requirements and Site Planning"; for chapters 2 - 4 of Volume V - "Runoff Treatment Best Management Practices (BMPs);" and as a support person for Volume III - Hydrologic Analysis and Flow Control Design/BMP's. I am currently involved in delivering training to local governments and consultants on the use of the new manual. 2. My educational background includes a Bachelor of Science degree in 1975 in Engineering Science from the University of Notre Dame, and a Master of Science degree in 1976 in Environmental Health Engineering from the University of Notre Dame. II. Ecology's 2001 Stormwater Manual 3. Ecology's most recent Stormwater Management Manual for Western Washington was published in September 2001. Therefore, it was not in effect during the time that the SeaTac Third Runway project was under development. It is my understanding that the Third Runway project has utilized the 1998 King County Surface Water Design…

March 18-29, 2002. The Board was comprised of Kaleen Cottingham, presiding, Robert V. Jensen, and William H. Lynch. The Appellant, Airport Communities Coalition (ACC), and Intervenor, Citizens Against Airport Expansion (CASE), challenge the Port of Seattle's (Port)